Vimeo OTT Copyright Policy

Last updated: April 17th, 2020

This Vimeo OTT Copyright Policy is a part of the Vimeo OTT Viewer Terms of Service and sets forth the process by which copyright holders and their agents may remove allegedly infringing materials available on a Producer-branded website (e.g., example.vhx.tv) or application powered by Vimeo OTT Solutions, Inc. (for the purposes hereof, “Vimeo,” “we” or “us”).

1. DMCA Policy

Vimeo respects the intellectual property of others and expects its users to do the same. Each user must ensure that the materials they upload do not infringe any third-party copyright. Vimeo will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe a third party's copyright. Vimeo will also, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.

2. DMCA Takedown Notices

To request the removal of materials based upon copyright infringement, you must file a notice containing the following:

Your name, address, telephone number, and email address (if any).

A description of the copyrighted work that you claim has been infringed.

A description of where on Vimeo’s service the material that you claim is infringing may be found, sufficient for Vimeo to locate the material (e.g., the URL for the video).

A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

3. DMCA Counter-Notifications

If you are a Vimeo user who wishes to challenge the removal of materials caused by a DMCA takedown notice, you must file a counter-notification containing the following:

Your name, address, and telephone number.

A description of the material that was removed and the location on Vimeo’s service where it previously appeared (e.g., the URL of the video).

A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Vimeo may be found (the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

Vimeo will forward any complete counter-notification to the person who filed the original DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore the challenged materials. Until that time, your materials will remain removed.

4. Repeat Infringers

Vimeo will terminate user accounts that receive three (3) DMCA strikes. A “DMCA strike” accrues each time that material is removed from a user’s account due to a DMCA notice. We may group multiple DMCA notices received within a short period of time as a single DMCA strike.

We may remove a DMCA strike in appropriate circumstances, such as where (1) the underlying material is ultimately restored due to a DMCA counter-notification; or (2) the claimant withdraws the underlying notice.

We may terminate user accounts that receive fewer than three (3) DMCA strikes in appropriate circumstances, such as where the user has a history of violating or willfully disregarding our terms of service.